What is North Dakota Limited Liability Company (LLC) Foreign Qualification?

You want to do business in the state of North Dakota but are registered as a Domestic Limited Liability Company (LLC) in another state.
In order to legally conduct business in the state of North Dakota you must register with the North Dakota Secretary of State as
a Foreign LLC.
more...

less...
You want to do business in the state of North Dakota but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of North Dakota you must register with the North Dakota Secretary of State as
a Foreign LLC.
The process of registering as a Foreign LLC in North Dakota is called North Dakota LLC Foreign Qualification.

The process of North Dakota LLC Foreign Qualification is similar to the process of forming a Domestic LLC in North Dakota.
Your original formation documents (usually called Articles of Organization) and Operating Agreement apply to your North Dakota Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the North Dakota Foreign LLC.
Specific requirements to qualify as a Foreign LLC in North Dakota are explained below.

Once you have made the decision to Qualify as a Foreign LLC in North Dakota,
a North Dakota lawyer can file your documents and act as a middle man for a few hundred dollars an hour;
or you can use an online service provider like All Business Documents to perform these services.

Put the money you save with All Business Documents where it belongsright into your new North Dakota Foreign LLC.

What is a North Dakota Foreign LLC?

In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.
If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will
have to register with the state in which you want to do business before you can legally conduct business there.
more...

less...
In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.
If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will
have to register with the state in which you want to do business before you can legally conduct business there.

For example, a LLC that is registered in California wants to do business in North Dakota.
The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in North Dakota.

The California LLC needs to register with the North Dakota Secretary of State as a North Dakota Foreign LLC.

The use of the term Foreign in this case refers specifically to individual US states.
The US government, including the IRS, considers a Foreign company to be a company that is registered outside
of the United States.

Do I need a lawyer to Form a Foreign LLC in North Dakota?

The short answer is no.
The state of North Dakota does not legally require a lawyer to form a North Dakota Foreign LLC.
more...

less...
The short answer is no.
The state of North Dakota does not legally require a lawyer to form a North Dakota Foreign LLC.

Our detailed LLC Information page may help you understand some
of the implications of forming a North Dakota Foreign LLC.
However, if there is anything about forming a Foreign LLC in North Dakota
that you're not sure about you should seek the advice of a competent North Dakota lawyer, a North Dakota accountant,
or both before you form a Foreign LLC in North Dakota.

Once you have made the decision to form a Foreign LLC in North Dakota, a North Dakota lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new North Dakota Foreign LLC.

Do I have to Reserve a Company Name before I Form a Foreign LLC in ND?

You are not legally required to reserve a Company Name for a new North Dakota LLC Corporation before you submit your application to form a Foreign LLC in
North Dakota.
more...

less...
You are not legally required to reserve a Company Name for a new North Dakota LLC Corporation before you submit your application to Form a Foreign LLC
in North Dakota.

The LLC name that you have registered in your home state may or may not be available in North Dakota.
In that case you need a different name your North Dakota Foreign LLC.
Whether or not you need to reserve a company name for your new North Dakota Foreign LLC depends entirely on your business situation.
The North Dakota Secretary of State uses LLC names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that North Dakota Foreign LLC Name.

What if the North Dakota Foreign LLC Name I want is already taken?

If the Name you have chosen for your new North Dakota Foreign LLC is already in use by a currently active
North Dakota Corporation or LLC then you will have to register a DBA Name with the North Dakota Secretary of State. "DBA" is an abbreviation for "Doing Business As."

We verify that the Name you have chose for your new North Dakota Foreign LLC is available before we submit
your Foreign LLC filing to the North Dakota Secretary of State.
If necessary we can register a DBA Name in North Dakota for you so that you can open your new North Dakota business as quickly as possible.

What do I have to do to Form a Foreign LLC in North Dakota?

5 things you have to do in order to Form a North Dakota Foreign LLC 1. Prove that you are registered in a state other than ND as a Domestic LLC 2. Choose a name for your North Dakota Foreign LLC 3. Select an official address and a Registered Agent for your ND Foreign LLC 4. File Registration Documents with the North Dakota Secretary of State 5. Determine how you want your North Dakota Foreign LLC to be taxedmore...

1. Prove that you are registered in a state other than North Dakota as a Domestic LLC

In order to register as a Foreign LLC in the state of North Dakota, you must first prove that you are registered in another state as a
Domestic LLC.
You prove this with a Certificate of Good Standing, sometimes referred to as a Certificate of Existence or a Certificate of Fact, from the
state in which you are registered as a Domestic LLC.
Cost of a Good Standing Certificate for your Domestic LLC varies from state to state.

If you already have a Good Standing Certificate please note that it must be dated no older than 90 days from the date of your application for
North Dakota LLC Foreign Qualification.

If the date on your Good Standing Certificate is older than 90 days then you need to get an updated certificate.
If you get your own Good Standing Certificate you must scan and email or send a copy to us before we submit your application for a
North Dakota Foreign LLC.

We can get your LLC Good Standing Certificate from any state - in most states within 2-3 hours.

2. Choose a name for your North Dakota Foreign LLC

You can use the same name in North Dakota that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.
Your North Dakota Foreign LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.

In any case, the North Dakota Foreign LLC name that you choose must be distinguishable from the name of any other registered North Dakota LLC or other
business entity and the name must also be different from any reserved names on record with the state of North Dakota.
Your North Dakota Foreign LLC name must not imply that it was formed for a purpose other than that stated in the
Articles of Organization for your Domestic LLC and your North Dakota Foreign LLC name must not be a name that is likely to mislead the public.

The name of a North Dakota Foreign LLC must include the word "Limited Liability Company" or
or the abbreviation "LLC" or "L.L.C.&quot.

It's important to choose a good name for your North Dakota Foreign LLC because if you want to change it after you qualify you
will have to file amended documents with the North Dakota Secretary of State (and pay a fee).

We will check to make sure that your requested North Dakota Foreign LLC name is available and conforms to all state of North Dakota
Limited Liability Company naming regulations.

3. Select an official address and a Registered Agent for your North Dakota Foreign LLC

Every North Dakota Foreign LLC must have an address that is physically located in the state of North Dakota.
This address is "registered" with the North Dakota Secretary of State.
The Registered Address cannot be a PO Box and is where official and legal correspondence can be delivered.

The individual or company that is registered with the state of North Dakota to receive all correspondence on behalf of the North Dakota
Foreign LLC is called a "Registered Agent".
You may act as your own Registered Agent, however, many North Dakota Foreign LLCs hire a Registered Agent because they don't have a physical
address within the state of North Dakota or to provide a distinct level of privacy.

We provide LLC Registered Agent services in North Dakota as well as all other states and the District of Columbia.

4. File Registration Documents with the North Dakota Secretary of State

In order to Qualify as a Foreign LLC in North Dakota you must file Registration Documents with the North Dakota Secretary of State.
In North Dakota the registration documents are named "Certificate of Authority of Foreign Limited Liability Company Application".

The registration documents must include certain specific information about your North Dakota business.
If the LLC Registration Documents do not conform exactly to state of North Dakota Foreign LLC requirements they will be rejected.&nbsp

If you need to change any of the information on your registration documents after your North Dakota Foreign LLC has been approved,
you may amend the registration documents for your North Dakota Foreign LLC but you will have to pay a fee to the state of North Dakota in order to make the changes official.

5. Determine how you want your North Dakota Foreign LLC to be taxed

The North Dakota Corporate Income Tax Rate is %.
You may choose that your North Dakota Foreign LLC is to be taxed as a C Corporation or S Corporation.

A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.
C Corporations pay a Corporate income tax to the state if that state taxes Corporations.

You may choose to have your North Dakota Foreign LLC taxed as a S Corporation.
S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.
S Corporations do not pay any North Dakota Corporate Income Tax.

If you form a Single Member North Dakota Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member North Dakota Foreign LLC
will be taxed as a Sole Proprietorship.
If you form a Multiple Member North Dakota Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member North Dakota Foreign LLC
will be taxed as a Partnership.

If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your North Dakota Foreign LLC and include it with
your final Foreign LLC documents.

What do I have to do to after I Form a North Dakota Foreign LLC?

4 things you have to do in after you Form a North Dakota Foreign Corporation
1. Obtain Business Licenses from the cities and counties in which you plan to do business
2. File the required reports for your North Dakota Foreign LLC
3. Keep proper records of your North Dakota Foreign LLC on file
4. Pay your taxes to the state of North Dakotamore...

1. Obtain Business Licenses from the cities and counties in which you plan to do business

Note that forming a North Dakota Foreign LLC doesn't take the place of obtaining a local business license, tax
registration certificate, or other required business permits.
A North Dakota Foreign LLC merely creates an ownership structure that limits the owners' personal liability.
You may still need to take care of getting set up to do business with your local government.

Depending on the nature of the business and the location of your North Dakota Foreign LLC within North Dakota you may need to get one or more local
business licenses or permits.
The business licenses or permits that are required for your North Dakota Foreign LLC vary depending on your business activities
and the specific locations within the state of North Dakota in which you want to conduct business.

If your North Dakota Foreign LLC will be selling products in North Dakota you may be required to obtain a Reseller's Permit from the appropriate
North Dakota state agency.
If your North Dakota Foreign LLC will be selling products in North Dakota you will also be responsible for all applicable local and state of North Dakota
sales taxes if there are any.

We have the expertise to find out exactly which state and local permits that you need for your specific business.

2. File the required reports for your North Dakota Foreign LLC

The Annual Report includes basic information about your North Dakota Foreign LLC including information on your Officers and Directors.

Failure to submit a properly completed North Dakota Annual Report to the North Dakota Secretary of State on or before the
due date may subject the North Dakota Foreign LLC to being administratively dissolved in the state of North Dakota or having its authority to
transact business in the state of North Dakota revoked by the North Dakota Secretary of State.

Penalties may accrue if you fail to file any North Dakota Foreign LLC Annual Report to the North Dakota Secretary of State by the due date.

3. Keep proper records of your North Dakota Foreign LLC on file

Keep the following records on file and available at the principal business office of your North Dakota Foreign LLC:

Names and addresses of all Members and Managers of the North Dakota Foreign LLC

Foreign LLC formation documents and any Amendments to them

North Dakota Foreign LLC Operating Agreement and any Amendments to them

Copies of any LLC Resolutions which have been adopted by the North Dakota Foreign LLC

Copies of all tax returns and Annual Reports for the North Dakota Foreign LLC for the last 3 years

4. Pay your taxes to the state of North Dakota

Foreign LLCs that either do business in the state of North Dakota or that derive income from sources within the state of North Dakota are subject
to North Dakota and federal tax laws.
If you are engaged in intrastate business and derive income from other states besides North Dakota, you must allocate the amount of income derived
from the state of North Dakota in order to determine your North Dakota state taxes.

What information do I need in order to Form a Foreign LLC in North Dakota?

In order to Form a Foreign LLC in North Dakota you'll need certain specific information about your Company
including the Limited Liability Compamy name and address; and Registered Agent information.more...

less...
In order to Form a Foreign LLC in North Dakota you'll need the following information about your LLC:

The name of your new North Dakota Foreign LLC along with your second choice of a name in case the name that you want is not available

Physical addess of the Foreign LLC office in North Dakota (not a PO Box)

A good standing certificate from your home state no older that 90 days

A description of the nature of the business you are planning to operate with the North Dakota Foreign LLC

Names and addresses of each Manager of the North Dakota Foreign LLC

The Federal Employer Identification Number (FEIN) of the North Dakota Foreign LLC

Remember - ALL the information that you provide when you Form a Foreign LLC in North Dakota becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Foreign LLC in North Dakota.

How long does it take to Form a Foreign LLC in North Dakota?

Processing times for new North Dakota Foreign LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new North Dakota Foreign LLC applications takes the state around one month.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your new North Dakota Foreign LLC.

PLEASE NOTE: WE CANNOT GUARANTEE NORTH DAKOTA SECRETARY OF STATE PROCESSING TIMES.

The North Dakota Secretary of State reserves the right to extend expedite periods in time of extreme volume, staff shortage or
equipment malfunction.
We are dependent on, and have no control over, the staff and systems of the North Dakota Secretary of State.

In our experience one month is the time it usually takes the North Dakota Secretary of State to process
a new North Dakota Foreign LLC application.
We get your North Dakota Foreign LLC application to the ND Secretary of State ASAP.
Once it is at the state we have no control over the new North Dakota Foreign LLC application process.

Are there any Expedited Processing Options for a new ND Foreign LLCs?

The North Dakota Secretary of State does not offer any expedited processing options for a new ND LLC filing.

How much does it cost to Form a Foreign LLC in North Dakota?

The state of North Dakota charges $157.00 to Form a Foreign LLC in ND. Also add the cost of a good standing certificate from your home state.
If you choose All Business Documents to help you Form your Foreign LLC in North Dakota our processing fees are $199.00.
This includes:

Same day processing in of your new North Dakota Foreign LLC order

ND Name Check and Reservation

Prepare Certificate of Authority of Foreign Limited Liability Company Application

We will start processing your application for a new North Dakota Foreign LLC on the same day that you submit your order.
We get your ND Foreign LLC filing to the North Dakota Secretary of State as fast as possible.
Once they get the application, the ND Secretary of State usually takes one month to process a new North Dakota Foreign Limited Liability Company filing.

ND Name Check and Reservation

Prepare Formation Documents

File Formation Documents

Certified Copies of Formation Docs

ND Foreign LLC Checklist

Priority Mail Delivery

Unlimited Customer Support

ADDITIONAL NORTH DAKOTA FOREIGN LLC SERVICES

You may need these additional products and services:

check the box next to any option price will becalculated automatically

You may decide to have your North Dakota Foreign LLC taxed as an S Corporation.
S Corporations are taxed differently than C Corporations.
With an S Corporation, business profits may be "passed through" directly to the Members (owners).
This avoids the double tax on both corporate and Member profits.
S Corporations do not pay any North Dakota Corporate Income Tax.

We will prepare the S Corporation Election form for you and include it with your Foreign LLC final documents.

Every North Dakota Foreign LLC is required to have an address within the state of North Dakota where official and legal correspondence can be delivered.
The individual or company that is registered with the state of North Dakota to receive all correspondence
on behalf of the Foreign LLC is called a Registered Agent.

You may act as your own Registered Agent, however, many Foreign LLCs hire a Registered Agent because they don't have a physical address within
North Dakota or to provide a distinct level of privacy.

We can act as your North Dakota Foreign LLC Registered Agent.
This is an annual service.
We will forward all correspondence to you and will remind you when it is time to renew your ND Registered Agent services.

The Operating Agreement defines the rules by which a North Dakota Foreign LLC must operate.
Operating Agreements may include requirements for profit sharing, ownership responsibilities and almost anything else that
involves the management and operation of the North Dakota Foreign LLC.

Although an LLC Operating Agreement is not required in the state of North Dakota, it is highly advisable to have one for your North Dakota Foreign LLC.
As your North Dakota Foreign LLC grows over time, you may amend your Operating Agreement as necessary.

While you're not required to have a Foreign LLC Kit and Seal for your new North Dakota Foreign LLC they do come in handy.
The ND Foreign LLC Kit consists of a beautiful customized binder, stock certificates, a stock ledger
and your custom Foreign LLC Seal.

The Foreign LLC Seal is used to emboss important company documents, such as stock certificates.
The binder also includes dividers so you can use it for all of your North Dakota Foreign LLC record keeping.

Most new North Dakota Foreign LLCs are required to get some kind of state, regional or local permits or business licenses.
The task to figure out exactly what you need can be daunting.

We can determine exactly which forms your North Dakota Foreign LLC needs to fill out, fill them out for you and file the forms with the appropriate government agency
where possible.

GOOD STANDING CERTIFICATE

You will need a good standing certificate from your home state that is no older than 90 days.

Choose your home state from the list, the price of the certificate below will be updated automatically.

I already have a good standing certificate

Processing fees

$199.00

North Dakota LLC fees

$157.00

Optional products and services

$0.00

Good Standing Certificate

$0.00

Certified Copy Fee

$0.00

Total estimated cost

$356.00

OUR ADVANTAGE

We start processing your North Dakota Foreign Corporation order as soon as it arrives.

We get your documents to the North Dakota Secretary of State in the quickest possible way.
If we receive your order before noon North Dakota time we will submit your North Dakota Foreign LLC application to the Secretary of State on the same day we receive it.

We guarantee our work. If you're not satisfied with our North Dakota Foreign LLC Qualification services we will refund 100% of your processing fees.

We've been helping businesses Form Foreign LLCs in North Dakota for over ten years. Our A+ BBB rating speaks for itself!